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RULES OF PROCEDURE 



OF THE 



INTERNATIONAL JOINT COMMISSION 



ADOPTED PURSUANT TO ARTICLE XII OF THE 
TREATY BETWEEN THE U'.^ITED STATES AND 
GREAT BRITAIN, SIGNED JANUARY II, 1909 



WASHINGTON, D. C. 
FEBRUARY 2, 1912 



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WASHINGTON 
1912 



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TREATY OF JANUARY 1 1, 1909, BETWEEN UNITED STATES AND 
GREAT BRITAIN. 

Signed at Washington January 1 1, 1909. 

Ratification advised by the Senate March 3, 1909. 

Ratified by the President ^ , April i, 1910. 

Ratified by Great Britain March 31, 1910. 

Ratifications exchanged at Washington May 5, 1910. 

Proclaimed May 13, iqio. 



INTERNATIONAL JOFNT COMMISSION. 

Members appointed on part of United States March 9 . 1 9 1 1 . 

Members appointed on part of Canada. November 10, 191 1 

Meeting of Commission for organizatio-i under Article XII of the 

treaty, at Washington January 10. 1912. 

Adoption and publication of Rules of Procedure in accordance 

with Article XII February 2. 1912. 



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^ RULES OF PROCEDURE 

OF THE 

INTERNATIONAL JOINT COMMISSION. 



The International Joint Commission, by virtue of the provisions 
of Article XII of the Treaty between the United States of America 
and His Majesty the King of the United Kingdom of Great Britain 
and Ireland and of the Dominions beyond the Seas, Emperor of 
India, dated the nth day of January, 1909, hereby adopt the 
following rules of procedure : 

DEFINITIONS. 

1. In the construction of these rules and the forms herein 
referred to (unless the context otherwise requires) words import- 
ing the singular number shall include the plural, and words 
importing the plural number shall include the singular; the term 
"party" or "parties" shaU include Governments and also persons 
permitted by these rules to take part in any proceedings before 
the Commission; the word "person" shall include individual, part- 
nership, or corporation, and "oath" shall include affirmation. 

MEETINGS. 

2. Regular sessions of the Commission shall be held annually at 
Washington beginning on the first Tuesday of April and at Ottawa 
beginning on the first Tuesday of October. 

Special meetings may be held at such times and places in the 
United States and the Dominion of Canada as the chairmen of the 
two sections may determine. 

CHAIRMEN. 

3. The commissioners of the United States section of the Com- 
mission shall appoint a chairman, to be known as the chairman of 
the United States section of the International Joint Commission, 
and he shall act as chairman at all meetings of the Commission 



4 RUIvES OF PROCEDURE. 

held in the United States, and in respect to all matters required 
to be done in the United States by the chairman of the Commission. 

The commissioners of the Canadian section of the Commission 
shall appoint a chairman, to be known as the chairman of the 
Canadian section of the International Joint Commission, and he 
shall act as chairman at all meetings of the Commission held in 
Canada, and in respect to all matters required to be done in 
Canada by the chairman of the Commission. 

In case it shall be impracticable for the chairman of either 
section to act in any matter, then the commissioner of such sec- 
tion next in order of appointment shall act in his stead. 

PERMANENT OFFICES. 

4. The permanent offices of the Commission shall be at Wash- 
ington, in the District of Columbia, and at Ottawa, in the Dominion 
of Canada, and the secretaries of the United States and Canadian 
sections of the Commission shall, subject to the order of said 
respective sections, have full charge and control of said offices, 
respectively. 

DUTIES OP SECRETARIES. 

5. The secretaries shall act as joint secretaries at all sessions or 
meetings of the Commission, and each shall keep an accurate 
permanent record of the proceedings and preserve the same in 
the permanent offices of the Commission. It shall also be the 
duty of each of them to receive and file all applications and 
other papers properly presented to the Commission in any proceed- 
ing instituted before it, and to number in numerical order all 
such applications ; and the number given an application shall be 
the file number for all papers and documents connected with such 
application. Each secretary shall also keep in the permanent 
office under his control a docket, in which he shall record the title 
of the application or other proceeding, separately in each case, 
the date of filing of the same, the name and post-office address of the 
attorneys of record, and a brief statement of the contents, together 
with proper reference to the files of t e original papers referred to 
in said docket. Each shall forward to the other for filing in the 
office of the other copies of all letters, documents or other papers 
received by him or filed in his office, pertaining to any matter before 
the Commission, to the end that there shall be on file in each office 
either the original or a copy of all official papers, documents, records 
and correspondence relating to matters at any tim.e pending before 
the Commission. 



INTERNATlONAIv JOINT COMMISSION. 5 

APPLICATIONS. 

6. In all cases to be submitted to the Commission under Articles 
III, IV and VIII of the Treaty the method of bringing such cases 
to the attention of the Commission and invoking its action shall 
be as follows: 

(a) Where one or the other of the Governments on its own 
initiative seeks the approval of the Commission for the use, 
obstruction or diversion of waters with respect to which under 
Articles III and IV of the Treaty the approval of the Commission 
is required, it shall file with the Commission an application setting 
forth as fully as may be necessary for the information of the Com- 
mission the facts upon which the application is based, and the 
nature of the order of approval desired. 

(b) Where any private person seeks the approval of the Com- 
mission for the use, obstruction or diversion of such waters, he 
shall first make written application to the Government within 
whose jurisdiction the privilege desired is to be exercised, to grant 
such privilege, and upon such Government, or the proper depart- 
ment thereof, transmitting such application to the Commission, 
with the request that it take appropriate action thereon, the 
same shall be filed and be proceeded with by the Commission 
in the same manner as an application on behalf of one or the other 
of the Governments. All applications by private persons should 
conform, as to their contents, to the requirements of subdivision 
(a) of this rule. 

7. One duplicate original and 25 copies of the application shall 
be filed with each of the Secretaries, and there shall be filed with 
each of the Secretaries such drawings, profiles, and 'plans of sur- 
vey on tracing linen, and such specifications and maps, as may be 
necessary to illustrate clearly the matter of the application. 

8. In cases where either of the respective Governments shall 
have authorized the use, obstruction or diversion of navigable 
waters, all plans filed as aforesaid shall be accompanied with the 
approval thereof by the Government or proper department of the 
Government within whose jurisdiction such waters lie. 

NOTICE AND PUBLICATION. 

9. As soon as practicable after an application is made as here- 
inbefore in Rule 6 provided for, the Secretary of the section of 
the Commission appointed by the other Government shall forth- 
with send to such Government a notice in writing that the appli- 
cation has been made and a copy thereof. 



6 RULES OF PROCEDURE. 

The Secretaries shall also, as soon as practicable after the ap- 
plication is made, cause to be published for three successive 
weeks in the Canada Gazette, and in two weekly newspapers, 
published one on each side of the international boundary line 
nearest the locality in which the use, obstruction, or diversion of 
waters is proposed to be made, a notice that the application has 
been made, and of the nature and locality of the proposed use, 
obstruction or diversion, and that all persons interested therein 
are entitled to be heard with respect thereto before the Commis- 
sion. 

STATEMENT IN RESPONSE TO APPLICATION. 

10. Within 60 days after the filing of any such application the 
other Government, and with its consent any private person inter- 
ested, may file a statement with the Commission setting forth any 
fact or facts bearing on the subject-matter of the application and 
tending to defeat or modify the order of approval sought, or to 
require that the same be granted on condition, and setting forth 
whether the order of approval is opposed in whole or in part, and, 
if in part only, to what extent, and if it be desired that the approval 
be on condition, setting forth the particular condition or condi- 
tions upon which it is thought the order of approval should be 
granted. 

STATEMENT IN REPLY. 

11. Immedi tely after such statement or statements are filed 
the Secretary shall send a copy of the same to the Government 
which shall have made the application or shall have filed the 
application on behalf of private persons, and the said Government 
or the priv te persons on whose behalf the application shall have 
been filed, one or both, may, within thirty days, file a statement or 
statements in reply, and the issues to be determined by the Com- 
mission shall be gathered from the application, statement or state- 
ments and reply statement or statements. 

SUPPLEMENTAL APPLICATIONS AND STATEMENTS. 

12. If it shall appear to the Commission that either the appH- 
cation, the statement, or the reply statement, is not sufficiently 
full, definite and complete to enable the Commission to proceed 
intelligently, the Commission may require a more full, definite and 
complete application or statement or reply statement, as the case 
may be, to be filed. 



INTERNATIONAL JOINT COMMISSION. 7 

INTERESTED PRIVATE PARTIES. 

13. Any person interested in the subject matter of the appli- 
cation, whether for or against, is entitled to be heard by counsel 
at the final hearing, and may, through counsel, with the consent 
of his Government, conduct or assist in conducting all proceedings 
in the case subsequent to the application. 

PRELIMINARY HEARING. 

14. If it appear to the Commission at any time before the hear- 
ing of the application that it would be advantageous to hold a 
preliminary meeting for the purpose of fixing or altering the plan 
of hearing, determining the mode of conducting the inquiry, the 
admitting of certain facts, or the proof of them by affidavit, or for 
any other purpose, the Commission may hold such meeting upon 
such notice to the parties as it deems sufficient, and may there- 
upon make such orders as it may deem expedient. 

PRELIMINARY COMMUNICATION WITH PARTIES. 

15. The Commission may, if it thinks fit, instead of holding the 
preliminary meeting provided in rule 14, communicate with the 
parties direct, and may require answers to such inquiries as it 
may consider necessary. 

PRODUCTION AND INSPECTION OF DOCUMENTS. 

16. Either party shall be entitled, at any time, before or at 
the hearing of the case, to give notice in writing to the party in 
whose application or statement or reply statement reference is 
made to any document, map, plan, or profile, to produce it for the 
inspection of the party giving such notice or his attorney or 
solicitor, and to permit him to take copies thereof; and any party 
not complying w4th such notice shall not afterwards be at liberty 
to put the same in evidence on his behalf in such proceedings, 
unless he satisfy the Commission that he had sufficient cause for 
not complying with such notice. 

SUBPCHNAS. 

17. Subpoenas for the attendance and examination of witnesses 
and notice for the production and inspection of documents may 
be issued in the first instance under the signature of the secretary 
of the section of the country in which the witnesses reside. 



8 RUIvES OP PROCEDURE. 

COMPElvLING ATTENDANCE OF WITNESSES, ETC. 

1 8. All applications for subpoena or other process to compel the 
attendance of witnesses, or the production of books, papers, and 
documents before the Commission or the examiner, shall be made 
to the proper courts of either country, as the case may be, upon 
the order of the Commission or by the chairman of the section of 
the Commission of the country in which the witnesses reside or 
the books, papers, or documents may be, or by the examiner 
appointed under rule 19. 

DEPOSITIONS. 

19. On application to the secretary of the section of the Com- 
mission in the country where depositions are proposed to be taken, 
any party may have a commission to take the depositions of 
witnesses, the commission to be signed by the secretary, to desig- 
nate the name of the examiner before whom depositions will be 
taken, and the time and place of taking, but need not designate the 
names of witnesses to be examined, and the secretary shall specify 
in the commission the length of notice to be given, in all cases 
requiring what he may deem ample time to enable the parties to 
be present. The examiner, who shall in all cases be an official 
having power in his own country to administer oaths, may issue 
subpoenas for witnesses to be examined before him. The testi- 
mony of all witnesses shall be taken under oath or affir- 
mation and the parties shall be entitled to attend and examine 
and cross-examine. The testimony so taken shall be confined 
to the subject matter in question, and any objection to the admis- 
sion of evidence shall be noted by the examiner and dealt with 
by the Commission at the hearing. The examination shall take 
place within 60 days after the time provided in rule 11 for the 
filing of the reply statement. All examinations or depositions 
taken in pursuance of this rule shall be returned to the secretary 
who issued the commission, and the depositions certified under 
the hand of the examiner, without further proof, be used in evi- 
dence, saving all just exceptions. The examiner at the time and 
place appointed in the commission can take the depositions of 
witnesses offered by any party. 

FINAL HEARINGS. 

20. The final hearings on applications shall be had at times and 
places to be fixed by the chairmen of the two sections not less 
than 60 days after the time provided for filing the reply statement. 



TA 



INTERNATIONAL JOINT COMMISSION. 9 

and the Commission will then hear oral and documentary evidence 
and evidence which may have been taken by the parties by 
deposition. 

The Commission may require further evidence to be given, 
either viva voce or by deposition taken before an examiner. 

The Commission may decide how many counsel are to be heard 
and what interests may be united for the purpose of the hearing. 

The Commission may, in any case, require printed briefs or 
factums to be submitted by the parties. 

The hearing of the case, when once commenced, shall proceed, 
so far as in the judgment of the Commission may be practicable, 
from day to day. 

PRINTING OF BRIEFS AND RECORDS. 

21. All briefs, factums, pleadings, and documents printed for 
the use of the Commission must be in such form and size, with 
ample margin, that they can be conveniently bound together so 
as to make an ordinary octavo volum.e; and, as well as all quota- 
tions contained therein, and the covers thereof, must be printed 
in clear type (never smaller than pica) and on unglazed paper. 

MAJORITY MAY CONDUCT HEARINGS. 

22. A majority of the Commission may conduct hearings or other 
proceedings regularly before it and may take and receive testimony 
and hear arguments thereon, but less than the whole number of 
the Commission shall not proceed to finally consider and determine 
any matter, proceeding, or question which the treaty creating the 
Commission, either in terms or by implication, requires or makes it 
the duty of the commission to decide. 

AMENDMENTS. 

23. Amendments of applications and statements may be allowed 
by the Commission where substantial justice requires it, and the 
time for the filing of any paper or the doing of any act by these 
rules required may be extended in the like case. 

SERVICE OF PROCESS. 

24. Service of any subpoena, process, notice, or other docu- 
ment whicli must be served under the present rules, shall be by 
delivering a copy thereof to tl e person named therein, or by leav- 
ing the same at the dwelling house or usual place of abode or 



lO RULES OF PROCEDURE. 

usual place of business of such person with some adult person 
who is a member of or resident in his family or with an employee 
in such place of business. Such service may be made by any 
literate person, who shall make return thereof under oath to the 
secretary from whom such subpoena, process, notice, or other 
document shall have been received, and such return shall state 
the time and place of such service. 

EXPENSES OF PROCEEDINGS. 

25. All expenses incident to the prosecution of any proceedings 
before the Commission or upon applications presented imder sub- 
section (6) of Rule 6, including cost of publication of notices, 
service of subpoenas or other process, taking of testimony or 
depositions, witness fees, and all other expenses included in such 
proceedings, shall be paid by the party on whose behalf or at 
whose request such cost or expense is incurred. 

SUBMISSION TO GOVERNMENTS. 

26. When in the opinion of the Commission it is desirable that 
a decision should be rendered which affects navigable waters in a 
manner or to an extent different from that contemplated by the 
application and plans, the Commission will, before making a final 
decision, submit to the Government transmitting the application 
a draft of the decision, and such Government may file with the 
Commission a brief or memorandum thereon which will receive 
due consideration by the Commission before its decision is made 
final. 

GENERAL RULE. 

27. The Commission may, in the course of the proceedings, make 
any order which it deems expedient and necessary to meet the 
ends of justice and to effectually carry out the true intent and 
meaning of the treaty. 

ARTICLES IX AND X. 

28. The foregoing rules, as far as applicable, shall apply to pro- 
ceedings in all cases referred or submitted under Articles IX and X. 

Adopted February 2, 191 2. 

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DERY INC. 






%, DEC 88 



N. MANCHESTER, 

INDIANA 46962 








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